Page 395 - Deception at work all chapters EBook

396 An HR Guide to Workplace Fraud and Criminal Behaviour

If you collude improperly, you and your colleagues could be at risk of criminal prosecution
for perverting the course of justice. So take care, be fair, open and frank.

The most likely venues

Criminal cases are held before magistrates in the lower courts or judges and juries in Crown
Courts. Magistrates or juries decide guilt or innocence and give the benefit of any doubt to
the accused. Thus cases have to be proved ‘beyond reasonable doubt’ and this is a very high
standard.

In Civil courts, the judges usually decide the outcome. In employment tribunals a panel
consisting of a chairman (who is a qualified lawyer), and an employer’s and employee’s repre-
sentative make decisions on the case as well as the compensation involved.

Both criminal and civil courts follow formal, if not ritualistic procedures with barristers
usually wearing wigs and gowns. This can be unsettling for the inexperienced witness.

Employment tribunals are less formal, but none-the-less should be considered as courts
of law and must be taken seriously. They have the powers to demand that information is pro-
duced and that witnesses attend and evidence is given on oath.

The chairmen are usually very astute, but because they have limited time, tend to dislike
too much detail and become impatient with witnesses who wander off the point. Generally,
they do not like allegations of fraud or dishonesty and can be adversely influenced by a witness
who becomes emotional or difficult.

Thus in employment tribunals, you should focus on the key facts and stay emotionally
detached.

Background

The day will come when you, your colleagues or, heaven forbid, your lawyers1 are called into
court to give evidence. Although this is a terrorizing prospect, your ordeal can be made easier if
you heed the following warnings. They are deliberately written in a very personal way, because
at the time you will need to refer to them, the issues will indeed be very personal.

Giving evidence is a very personal experience: much like torture

Giving evidence is a great example of the saying ‘What goes round, comes round’ and you
just have to accept it is your turn in the barrel. If you have done your job professionally and
fairly, the pain about to be inflicted on you will be unpleasant but tolerable. If you have been un-
professional or unfair, this is the time when your ass is going to get severely kicked and it serves
you right. We trust you will not be in this position, so your anxiety should be tolerable.

Everything is easier to get into than to get out of

1 They usually just hate being in the witness box